Section 263 Revision Remanded for Verification as Assessment Order Was Based on Pre-Demerger Financial Statements Issue Whether a Section 263 revision order passed to set aside an assessment based on pre-demerger financial statements is valid, and whether an assessee is legally required to file a fresh revised return based on audited post-demerger accounts following an… Read More »
Summary SCN Form DRC-01 Issued Without Detailed Notice Is Invalid and Set Aside Issue Whether a summary show-cause notice issued in Form DRC-01 is legally valid when issued without serving the underlying detailed show-cause notice under Section 73 of the CGST/TNGST Act. Facts The petitioner, a registered taxpayer, was issued a pre-show cause notice in… Read More »
Penalty Under Section 270A Void as Show Cause Notice Failed to Specify Misreporting Grounds Penalty Under Section 270A Void as Show Cause Notice Failed to Specify Misreporting Grounds Issue Whether a penalty order passed under Section 270A alleging “misreporting of income” is legally sustainable when the show-cause notices failed to specify the specific limb or… Read More »
Reassessment Notice Issued Under New Regime Beyond Old Limitation Period Is Void and Without Jurisdiction Reassessment Notice Issued Under New Regime Beyond Old Limitation Period Is Void and Without Jurisdiction Issue Whether a reassessment notice issued under Section 148 under the new regime (post 01.04.2021) is legally valid when the maximum time limit prescribed for… Read More »
No Separate IGST Can Be Levied on Ocean Freight in CIF Contracts as It Violates Composite Supply Scheme No Separate IGST Can Be Levied on Ocean Freight in CIF Contracts as It Violates Composite Supply Scheme Issue Whether the levy of Integrated Goods and Services Tax (IGST) under reverse charge on the importer for ocean… Read More »
Assessment Order Passed by Officer Outside Specified Table Is Prima Facie Void for Lack of Jurisdiction Issue Whether an assessment and penalty order passed pursuant to a Show Cause Notice (SCN) issued by the Directorate General of GST Intelligence (DGGI) by an officer not listed in Table 5 of Notification No. 2/2022-Central Tax is prima… Read More »
Notice Under Section 143(2) Is Not Mandatory in Reassessment and Scope Extends Beyond Recorded Reasons Issue Whether the issuance of a notice under Section 143(2) is mandatory in reassessment proceedings under Section 147 when the taxpayer participates in the proceedings and statutory timeline constraints render issuance impossible. Whether the Assessing Officer during reassessment proceedings under… Read More »
Assessment Notice Under Omitted Section 74 For FY 2024-25 Is Defective and Requires Fresh Notice Under Section 74A Issue Whether an assessment notice issued under Section 74 for FY 2024-25 is legally unsustainable due to the omission of Sections 73/74 and mandatory applicability of Section 74A, and whether such defect constitutes a total lack of… Read More »
Prosecution under Section 276CC Is Impermissible and Liable to Be Quashed When No Tax Is Outstanding Due to Prepaid TDS Prosecution under Section 276CC Is Impermissible and Liable to Be Quashed When No Tax Is Outstanding Due to Prepaid TDS Issue Whether criminal prosecution under Section 276CC for failure to furnish a return of income… Read More »
CBDT Instruction No. 01/2022 and Section 148 notice for AY 2015-16 issued within TOLA limitation are valid. Issue Whether CBDT Instruction No. 01/2022, issued to implement the Supreme Court judgment in Union of India v. Ashish Agarwal, is legally valid. Whether an order under Section 148A(d) and a reassessment notice under Section 148 issued on… Read More »